The employer didn't pay for one day.

[pugilist]

Well, the problem is as follows: my mate works in construction, he was dismissed from his job last week. Today he told me that he had checked his balanced and found out that they had paid him for three days instead of four days.

The company let him know over the phone that they were not happy with the quality of the job and that was why they were not going to pay him for one day.

 

Where should he appeal against such an arbitrariness??

[MARTIN3030]

How long had he worked there,what were his hours,why was he dismissed ?

Has he got anything in writing from them about the missing day ?

[pugilist]

How long had he worked there,what were his hours,why was he dismissed ?

Has he got anything in writing from them about the missing day ?

He worked there three weeks:

 

1st week: 2 days

 

2nd week: 4 days

 

3d week: 4 days

 

He was on day work since 8 till 16:30.

 

He hasn't got anything in writing about the missing day, but he expects tomorrow or day after tomorrow the pay slip to come.

 

He was dissmissed because the builder whom he was replacing returned from his holyday

[honeybee13]

Hello. Was your friend taken on as holiday cover, or was it a permanent contract please?

 

It would be helpful to know what they put in writing when the letter comes. There are remedies, depending on how much hassle your friend wants for the amount of money involved.

 

You or he could speak to the ACAS helpline. The number's on their website.

 

HB

[pugilist]

Hello. Was your friend taken on as holiday cover, or was it a permanent contract please?

 

He didn't sign any contract with them. Since the beginning it was meant a job for just several weeks.

 

It would be helpful to know what they put in writing when the letter comes.

 

I think soon I'll be able to post the contents of the letter here. It should come definetely.

 

There are remedies, depending on how much hassle your friend wants for the amount of money involved.

He just wants his money back. And, if it is possible, compensation for moral damage.

 

You or he could speak to the ACAS helpline. The number's on their website.

 

HB

Thank u

[honeybee13]

I don't know where you'll stand on compensation for moral damage. What do you mean exactly please?

 

I hope ACAS are able to shed some light on this.

 

HB

[pugilist]

Moral compensation is not that important. But he wants the money back.

 

Today he received a letter from that company, there were 2 sheets of paper:

 

1. remittance advice

and

2. INVOICE with the following handwritten wording:

 

DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP

[pugilist]

by the way, he has no idea who is that DICK

[Bigredbus]

Moral compensation is not that important. But he wants the money back.

 

Today he received a letter from that company, there were 2 sheets of paper:

 

1. remittance advice

and

2. INVOICE with the following handwritten wording:

 

DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP

 

Hi,

 

You should draft a letter before action stating that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that they have 14 days to pay the amount due. Failing to do so, you will pursue a legal course of action to recover the day's pay.

[pugilist]

Hi,

 

You should draft a letter before action stating that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that they have 14 days to pay the amount due. Failing to do so, you will pursue a legal course of action to recover the day's pay.

 

Thank you very much!

That's a really good advice!

I'll draft a letter and post it here for you to have a look and may be do some mistakes corrected!

[pugilist]

address of the company...................................................... my address

 

Letter before action

 

Dear XXX(name of the company) administration,

 

This is the answer to your letter dated 23/07/2010. Your letter contained remittance advice and information about retention of my wages. The reason of deduction was formulated as follows: DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP.

By this letter I'm letting you know that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that you have 14 days to pay the amount due.

In case you fail to do so I will pursue a legal course of action to recover the day's pay.

 

Regards,

 

My name

[Bigredbus]

address of the company...................................................... my address

 

 

 

 

 

 

Letter before action

 

 

Dear XXX(name of the company) administration,

 

I acknowledge receipt of your letter dated 23/07/2010.

 

Your letter contained remittance advice and information about retention of my wages. You stated, in your letter, that the reason for the deduction was: 'DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP'.

 

I remind you that such retention is construed as unlawful deduction of wages, and is contrary to The Employment Rights Act 1996, s13. Consequently, you have 14 days to pay the amount due.

 

Should you fail to do so, I will pursue a legal course of action to recover the day's pay. This will render you liable to pay further sums in respect of interests, court fees and costs.

Yours sincerely.

 

My name

 

Brilliant...

 

Make sure you send it 'Special Delivery Before 1pm'

Edited July 29, 2010 by Bigredbus

[pugilist]

Brilliant...

 

Make sure you send it 'Special Delivery Before 1pm'

Thank you very much Bigredbus !

 

I'll pass this letter to my friend and he'll send it. I'll let you know what happens next.

 

No matter the result we'll buy you a drink if we meet up (proper drink)! :grin:

[honeybee13]

We also accept virtual drinks here . I've been sent a couple.

 

HB x

[pugilist]

Bigredbus and Honeybee13

[Sidewinder]

by the way, he has no idea who is that DICK

 

I remember somebody from the warehouse once saying that about a man in a suit who bid him 'Good Morning'. Turns out the D*ck in question was the MD - so rarely was he seen on the shop floor that nobody knew who he was!

 

Other than that - nothing to add to BRB's excellent letter.

[honeybee13]

Cheers, pugilist, great smiley. I'll wait until the sun's over the yardarm before I indulge.

 

HB x

[pugilist]

They didn't answer anything yet

[pugilist]

Good evening everyone!

 

Here is what they answered to him:

 

 

The office manager is lies saying that Site Foreman informed him about anything! When he finished with that Flat 4, he was told to do another flat, Flat 2!

[pugilist]

http://s005.radikal.ru/i210/1008/16/b5bd79b1f381.jpg

[elpulpo]

Unless they made prior, explicit contractual agreeement that they reserved the right to make a deduction from earnings in the circumstance of poor workmanship, then this is a an unlawful deduction.

[pugilist]

So, when he finished with Flat 4 he worked for one more week.

Noone, noone did tell him that the standart of work was unacceptable and that he had to spend one more day to correct the work!

 

Thus, as far as I understand, it look like

*

The deduction was not required or authorised by statute;

*

The deduction was not authorised by a relevant provision of the worker's contract of employment;

* The worker has not previously given his written agreement or consent to the deduction being made.

According to the

S13 of the Employment Rights Act 1996

(

http://www.hrmguide.co.uk/hrm/steele/bulletin13.htm

)

that employer could not make deductions from the wages of my friend.

 

 

 

What do you think he'd better do at this point?

[pugilist]

Unless they made prior, explicit contractual agreeement that they reserved the right to make a deduction from earnings in the circumstance of poor workmanship, then this is a an unlawful deduction.

 

They didn't give him any agreeement to sign!

[pugilist]

Dear xxx

 

in my previous letter to you I informed you that the deduction was unlawful and why.

 

Now It looks like you are aware of it but try to explain me why you made this unlawful deduction.

 

Here I once againe attract your attention to The Employments Rights Act , s13, according to which you violated several items of the Act:

 

* The deduction was not required or authorised by statute; (may be I shouldn't include this point?)

 

* The deduction was not authorised by a relevant provision of the worker's contract of employment;

 

* I have not previously given my written agreement or consent to the deduction being made.

 

This time I advise you not to ignore the law and pay the amount due.

 

I hope you understand this time that a legal course of action to recover the day's pay will render you liable to pay further sums in respect of interests, court fees and costs.

 

But I just want you to give me my money back.

That's why as a gesture of good will I give you another 14 days to pay the amount due.

[pugilist]